Christopher Sabater (Miami, FL) (Property Damage) successfully argued a Motion for Summary Judgment for Constant or Repeated Seepage or Leakage in the State Circuit Court of Miami Dade, Florida.
Plaintiffs filed suit against Citizens for breach of contract, claiming that they sustained property damage after a leak in the AC closet. The carrier investigated the claim and denied coverage for the property damage because of the exclusion of Constant or Repeated Seepage or Leakage. Defendant filed Proposals for Settlement that Plaintiffs never accepted.
In Defendant’s MSJ, the Defense argued that that Plaintiffs’ claim was excluded because Constant or Repeated Seepage or Leakage would be corroborated by the Field Adjuster’s photographs, the opinion of the Defendant’s Engineer, and the Plaintiffs’ deposition testimony. The court granted the MSJ in its entirety.
Thereafter, Defendant filed a Motion for Fees and Costs based on the MSJ being granted and Plaintiffs’ failure to accept the PFSs. The court granted Defendant’s Motion for Fees and Costs.